Ditshwanelo Press Statement On Recent Comments Made By The Minister Of Defence, Justice And Security
Correspondent | Monday March 6, 2017 15:52
The Botswana Gazette (1 March - 7 March 2017) reported that Minister Kgathi held a meeting with refugees at the Dukwi Refugee Camp. During this meeting the Minister made statements regarding the amendment of the current Refugee Act.
He stated that the amendments would allow for the Minister to revoke the refugee status of “refugees who do not behave well”, including those who take government to court . The Minister also told refugees that the amended Act will allow for the erection of a parameter fence, in order to control the movement of refugees. Minister Kgathi stated that Botswana has not ratified the United Nations Convention which allows for the freedom of movement of refugees, as well as their right to work.
In 1967, Botswana, ratified the United Nations 1951 Convention Relating to the Status of Refugees. However, she ratified it subject to reservations regarding some articles. For example, Article 7 (3) of the Convention provides that ‘Each Contracting State shall continue to accord to refugees the rights and benefits to which they were already entitled, in the absence of reciprocity, at the date of entry into force’. Article 17 (1) of the Convention provides that ‘the Contracting States shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country in the same circumstances as regards the right to engage in wage-earning employment’. Article 26 provides that Each Contracting State shall accord to refugees lawfully in its territory the right to choose their place of residence and to move freely within its territory subject to any regulations applicable to aliens generally in the same circumstances’. As a result of this, Botswana has not ratified the 1967 Protocol on the Status of Refugees, which allows for freedom of movement and the right to work.
Minister Kgathi told refugees that once a lasting solution, in line with the 1951 Convention on the Status Refugees is found, their repatriation will be expedited .
In the same newspaper , Minister Kgathi re-affirmed Botswana’s position on the death penalty, stating that there are no plans to amend the governing of the death penalty, including the burial of death row inmates . He also stated that there is no hangman outsourced to perform the executions. They are done by a selected team of Prison Officers.
DITSHWANELO is concerned about the following in relation to the death penalty:
l It is Setswana culture to have dignified “farewells” for loved ones. These burials involve a mourning period, people coming to pay their condolences, a dignified funeral, and a grave which loved ones are able to visit. Burial of the person hanged on the prison grounds does not allow for the family to bury for them and to visit the graveyard.
l The government of Botswana accepted the recommendation at its Second Universal Periodic Review (UPR) Cycle in 2013, to inform the families of those on death row about the execution before it is carried out. This recommendation has not been implemented, as the family of Patrick Gaabakanye, who was executed in 2016, was not informed of his execution before it was carried out.
l The psycho-social effects which executions have on the Prison Officers carrying out the executions. It is also unclear whether or not the Prison Officers have the training to carry out the executions in a humane manner; and
lAs one of the eleven (11) retentionist countries in Africa, Botswana reportedly acted to prevent eventual adoption of the draft Additional Protocol to the African Charter on Human and Peoples’ Rights on the abolition of the death penalty. This obstructionist approach prevents those states who have an effective moratorium from supporting the Protocol.
DITSHWANELO is concerned about the lack of “botho” being shown by Government; in relation to both refugees and the death penalty. It is important to remember that Botswana society is one based on a people-centred approach to human rights, rooted in the value- concept of “botho”.